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(영문) 광주지방법원 2015.05.28 2014가단21910
부동산소유권이전등기청구
Text

1.(a)

Of the real estate listed in attached Table 1 to the Plaintiff, Defendant B’s share 3/27, Defendant C, D, and E, respectively, 2.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff determined the claim for real estate listed in the separate sheet No. 1 (hereinafter “instant land”) is the land that the Plaintiff was under the circumstances on February 5, 1915, and registered the ownership of the real estate listed in the separate sheet No. 1 (hereinafter “H”) with Nonparty H, network I, and Defendant F (hereinafter “H”) representing the village, and completed the registration of ownership preservation on April 11, 1985 with respect to each of 1/3 shares as the receipt of the Gwangju District Court Decision No. 5412, May 20, 2003; and I died on May 20, and succeeded to each inheritance share indicated in the separate sheet No. 3, C, D, and E, and H is deemed to have been solely inherited by the Defendant G, one of its children, through an agreement division, and thus, the Defendants did not dispute this.

According to the above facts of recognition, the above title trust agreement on the land of this case is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name. Thus, the Defendants are obliged to implement the registration procedure for ownership transfer based on the restoration of real name to the Plaintiff.

B. The Plaintiff, as to the claim for real estate stated in the separate sheet No. 2, entered into a title trust agreement with H, etc., and purchased the real estate listed in the separate sheet No. 2 (hereinafter “instant land”) from Nonparty J, who was unaware of the fact that the Defendants became the parties to the title trust agreement on May 3, 1968, and completed the registration of transfer of ownership as to each of 1/3 shares in the name of H, etc. under the name of H, etc., under the receipt of the Gwangju District Court No. 5020 on April 9, 1985. The Defendants asserted that the Defendants succeeded to the registration of transfer of ownership under the aforementioned circumstances, and thus, deemed as confession.

Before the Act on the Registration of Real Estate under Actual Titleholder's Name enters into force, the title trustee will be the owner who was unaware of the existence of the title trust agreement.

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